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Madras High CourtWP/1593/2022disposed of

Orbit Textile Mills Pvt Ltd , v. Tamilnadu Electricity Regulatory Commission Rep By Its Secretary

2022-02-04Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.1593 of 2022 and W.M.P.No.1726 of 2022 Orbit Textile Mills Pvt Ltd, HTSC 219 No.2/647, B, Venus Garden Periandipalayam Aangalm Road, Tirupur Rep by its Authorized Signatory S.Paramasivam .. Petitioner vs.

1. Tamil Nadu Electricity Regulatory Commission, rep. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai 600 008.

2. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.

.

3. The Director of Finance, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.

4. The Superintending Engineer, Tiruppur Electricity Distribution Circle, Tiruppur.

5. The Superintending Engineer, Udumalpet Electricity Distribution Circle, Udumalpet.

..Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, forbearing the Respondents and their men, agents from collecting

current consumption charges, demand charges and any arrears from the Petitioner until the Respondent makes payment of the outstanding dues of Rs.19,12,507/- (for the year 2019-21) payable to the Petitioner or give adjustment in the current consumption charges payable by the Petitioner till the entire amount is adjusted.

For Petitioner : Mr. R. S. Pandiaraj For Respondents : Mr. L. Jai Venkatesh

O R D E R

Petitioner has come up with the Writ Petition seeking to forbear the the Respondents from collecting current consumption charges, demand charges and any arrears from them until the Respondent makes payment of the outstanding dues of a sum of Rs.19,12,507/- (for the year 2019-21) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. 2.

Mr. L. Jai Venkatesh, learned counsel appearing for the respondents takes notice for the repsondents. 3.

When the matter was taken up for hearing, learned counsel for the Petitioner fairly conceded that, the issue in question has already been decided by this Court in W.P.No.6776 of 2018, etc. batch of cases and that, the same order may be passed in the above Writ Petition, as well.

4.

Heard the learned counsel on either side and perused the material documents available on record.

5. In view of the fair stand taken by the learned counsel for the parties, in an identical circumstance, the learned Single Judge of this Court in W.P.No.6776 of 2018, etc, batch of cases, has held as under:

"In view of the above, all these Writ Petitions are disposed of with the following directions:

(a) In all those cases, where the TANGEDCO has acted upon the interim orders passed by this Court and the entire outstanding amounts due to be payable has been adjusted, those Writ Petitions will be rendered infructuous since the grievance of those Petitions stands redressed;

(b) In those cases where the TANGEDCO

is in the process of adjusting the outstanding amount due, such adjustment shall be continued till the entire outstanding amount is adjusted towards the current consumption charges/open access charges payable by the respective Petitioners and the TANGEDCO shall not take coercive steps to disconnect the electricity connection to the Petitioners until the outstanding amounts due and payable is completely adjusted towards the current consumption charges/open access charges payable by the Petitioners."

6.

Following the ratio laid down in the said decision, this Court disposed of the Writ Petition in W.P.No.5218 of 2020 by an order dated 18.11.2021. Hence, in the aforesaid terms, these Writ Petition is also disposed of. No costs.

Consequently, connected W.M.P.No.1726 of 2021 is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar NHS To:

1. Tamil Nadu Electricity Regulatory Commission, rep. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai 600 008.

2. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.

.

3. The Director of Finance, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.

4. The Superintending Engineer, Tiruppur South Electricity Distribution Circle, Tiruppur.

5. The Superintending Engineer, Udumalpet Electricity Distribution Circle, Udumalpet.

+1 cc to Mr.R. S. Pandiaraj, Advocate Sr.NO. 8566 W.P.No.1593 of 2022 kg(CO) A.SK(04/03/2022)